A.Craig Trimm Assistant to the Deputy Administrator for Farm Programs Farm Service Agency NACD 2009 Annual Meeting New Orleans, Louisiana February 4, 2009

Payment Eligibility & Payment Limitation Direct Attribution General Provisions

Farm Service Agency 3 Payment Eligibility & Payment Limitation The Food, Conservation, and Energy Act of 2008 Implements changes beginning with 2009 First major changes since the 1987 amendments were added to the 1985 Act. - Pub. L Sec and 1604

Farm Service Agency 4 Payment Eligibility & Payment Limitation Other details & requirements: 7 CFR Part published 12/29/08 - original comment period closed on January 28, Secretary announced extending comment period by 60 days after the date of public notice of reopening of the interim rule Interim rule for 2009 Final rule published for 2010

Farm Service Agency 5 Payment Eligibility & Payment Limitation Other details & requirements: Actively engaged in farming Cash rent tenant Commensurate share and risk Substantive change

Farm Service Agency 6 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Person: - an individual, natural person - does not include a legal entity.

Farm Service Agency 7 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Legal entity: - created under Federal or State law - owns land, produces agricultural commodities, products, livestock.

Farm Service Agency 8 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Permitted Entity rule repealed - No restrictions on the number of entities - No permitted entity designations

Farm Service Agency 9 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Payments limited by direct attribution to persons and legal entities - payments to a person are combined with the pro rata share of payments issued to an entity the person holds an ownership interest in - payments tracked through 4 level of ownership in legal entities

Farm Service Agency 10 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Payments limited by direct attribution to persons and legal entities Smith Farm Inc John Smith 33.33% Jake Smith 33.34% Joe Smith 33.33% $3,000 Payment here Each SH is attributed with $1,000 here

Farm Service Agency 11 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Husbands and Wives: -are eligible for separate attributed limits - no longer considered automatically combined as one for payment limitation. ** Requirements for actively engaged in farming and commensurate shares still apply.

Farm Service Agency 12 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Corporations, LLC’s, LLP’s and similar entities: - each partner, stockholder, or member with an ownership interest must make a contributions of active personal labor and/or active personal management to the farming operation;

Farm Service Agency 13 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Corporations, LLC’s, LLP’s and similar entities (cont’d): Such contributions must be - - Performed on a regular basis; - Identifiable and documentable; - Separate and distinct from the contributions of any other partner, stockholder, or member of the farming operation.

Farm Service Agency 14 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Corporations, LLC’s, LLP’s and similar entities (cont’d): - If any partner, stockholder or member fails to meet this requirement, payments to the entity will be reduced by an amount commensurate with the ownership share held by that partner, stockholder or member.

Farm Service Agency 15 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- States, local governments, political subdivisions, and agencies thereof : - are not eligible for program payments, unless

Farm Service Agency 16 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- States, local governments, cont.: - payments are earned on State-owned land - used solely for the support of public schools - limited to $500,000 annually except for those States with population of less than 1.5 million

Farm Service Agency 17 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- States, local governments, cont.: - currently 12 States with less than 1.5 million - AK, DE, HI, ID, ME, MT, ND, NH, RI, SD, VT and WY

Farm Service Agency 18 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Denial of program benefits: - 1 year for non-compliance - 2 years for scheme or device - up to 5 years for fraud or other equally serious actions

Farm Service Agency 19 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Changes in farming operations that increase persons or legal entities for payment limitation purposes must be bona fide and substantive.

Farm Service Agency 20 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Examples of substantive change: - addition of a family member - an increase of 20 percent or more of base acres in the farming operation - change in ownership by sale of gift of land or equipment from a person or legal entity previously involved to a new person or legal entity now involved in the farming operation

Farm Service Agency 21 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Examples of substantive change: - the addition of equipment not previously involved in the farming operation if the rental value of the additional equipment is commensurate with the new person’s or legal entity’s share of the farming operation - for landowners only, a change from a cash- rent lease to a share lease arrangement.

Farm Service Agency 22 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) Average AGI is the average of : - AGI or comparable measure - 3 taxable years preceding the most immediately preceding complete taxable year.

Farm Service Agency 23 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) Three AGI amounts are considered: 1) Average Adjusted Gross Income 2) Average Adjusted Gross Farm Income 3) Average Adjusted Gross Nonfarm Income

Farm Service Agency 24 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) Average Adjusted Gross Income Minus the Average Adjusted Gross Farm Income Equals the Average Adjusted Gross Nonfarm Income

Farm Service Agency 25 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) Three AGI limitations: - $500,000 adjusted gross nonfarm income - $750,000 adjusted gross farm income - $1 million adjusted gross nonfarm income

Farm Service Agency 26 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) $500,000 Limitation If a person or legal entity has average adjusted gross nonfarm income that exceeds $500,000, the person or legal entity is ineligible for all commodity program payments and benefits

Farm Service Agency 27 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) $750,000 Limitation If a person or legal entity has average adjusted gross farm income that exceeds $750,000, the person or legal entity is ineligible for direct payments only.

Farm Service Agency 28 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) $1,000,000 Limitation If a person or legal entity has average adjusted gross nonfarm income that exceeds $1,000,000, the person or legal entity is ineligible for all conservation program benefits, UNLESS

Farm Service Agency 29 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) $1,000,000 Limitation (cont.) - at least percent of total AGI is average adjusted gross farm income.

Farm Service Agency 30 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Income (AGI) $1,000,000 Limitation (cont.) Secretary may waive AGI limitation for the protection of environmentally sensitive land of special significance.

Farm Service Agency 31 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: production of crops, specialty crops, and unfinished raw forestry products sale of land used for agriculture

Farm Service Agency 32 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: the sale of easements and development rights of farm, ranch, forestry land, water or hunting rights, or environmental benefits the feeding, rearing and finishing of livestock

Farm Service Agency 33 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: the rental or lease of land, or equipment used for farming, ranching, or forestry operations, including water or hunting rights

Farm Service Agency 34 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: the processing, packing, storing, shedding, and transporting of farm, ranch, and forestry commodities production of farm-based renewable energy, including wind energy

Farm Service Agency 35 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: any program payment or benefit authorized by statute or regulation, including benefits from risk management practices, crop insurance indemnities, and catastrophic risk protection plans

Farm Service Agency 36 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income includes: any other activity related to farming, ranching, or forestry, as determined by the Deputy Administrator income from farming, ranching and forestry operations reported to the IRS on Schedule F or any other schedule the sale of farm equipment and from production inputs (generally considered nonfarm income) if average adjusted gross farm income is at least 66.66% of the average adjusted gross income

Farm Service Agency 37 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Adjusted Gross Farm Income: AGI will be tracked through 4 levels of ownership in a legal entity Commensurate reduction will be applied to payment entity if the fourth level is not held by a natural person

Farm Service Agency 38 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Programs and Applicable AGI Provisions PROGRAM $500K NONFARM $750K FARM $1M % AGI - FARM AGI DCP/ACRE  Direct payments  SURE, ELAP, LFP, LIP, TAP, NAP 

Farm Service Agency 39 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Programs & Applicable AGI Provisions (cont.) PROGRAM $500K NONFARM $750K FARM $1M % AGI - FARM AGI All Price Support Programs  All Conservation Programs  All other programs As determined by the regulation for each program

Farm Service Agency 40 Payment Eligibility & Payment Limitation Changes effective for 2009 and subsequent years- Limitations by direct attribution to each person or legal entity include: PROGRAMLIMITPROGRAMLIMIT DCP Direct$40,000SURE, LIP, LFP, ELAP $100,000 CC & ACRE$65,000 NAP$100,000CRP – annual rent$50,000 TAP$100,000LDP & Mkt Gainunlimited

Farm Service Agency 41 Payment Eligibility & Payment Limitation Other noticeable changes: Forms to complete have been consolidated to three main forms: –CCC-902 I for individuals –CCC-902 E for entities and joint ops –CCC-926 AGI Certification (one page)